r/title-15-COMMERCE-AND-TRADE wiki — defined terms
The statute’s own glossary: every term Title 15 defines, in section order.
“commerce” applies throughout its chapter
The term “commerce” means trade, traffic, commerce, or transportation— (A) between a place in a State and any place outside thereof, or (B) which affects trade, traffic, commerce, or transportation described in subparagraph (A). (4) Commission
“Commission” applies throughout its chapter
The term “Commission” means the Consumer Product Safety Commission, established by section 2053 of this title . (5) Consumer product
“consumer product” applies throughout its chapter
The term “consumer product” means any article, or component part thereof, produced or distributed (i) for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in recreation, or otherwise, or (ii) for the personal use, consumption or enjoyment of a consumer in or around a permanent or temporary household or residence, a school, in recreation, or otherwise; but such term does not include— (A) any article which is not customarily produced or distributed for sale to, or use or consumption by, or enjoyment of, a consumer, (B) tobacco and tobacco products, (C) motor vehicles or motor vehicle equipment (as defined by section 30102(a)(6) and (7) of …
“consumer product safety rule” applies throughout its chapter
The term “consumer product safety rule” means a consumer products safety standard described in section 2056(a) of this title , or a rule under this chapter declaring a consumer product a banned hazardous product. (7) Distribute in commerce; distribution in commerce
“distribution in commerce” applies throughout its chapter
The terms “to distribute in commerce” and “distribution in commerce” mean to sell in commerce, to introduce or deliver for introduction into commerce, or to hold for sale or distribution after introduction into commerce. (8) Distributor
“distributor” applies throughout its chapter
The term “distributor” means a person to whom a consumer product is delivered or sold for purposes of distribution in commerce, except that such term does not include a manufacturer or retailer of such product. (9) Import; importation
“import” applies throughout its chapter
The terms “import” and “importation” include reimporting a consumer product manufactured or processed, in whole or in part, in the United States. (10) Manufactured
“importation” applies throughout its chapter
The terms “import” and “importation” include reimporting a consumer product manufactured or processed, in whole or in part, in the United States. (10) Manufactured
“manufactured” applies throughout its chapter
The term “manufactured” means to manufacture, produce, or assemble. (11) Manufacturer
“manufacturer” applies throughout its chapter
The term “manufacturer” means any person who manufactures or imports a consumer product. (12) Private labeler;
“private labeler” applies throughout its chapter
The term “private labeler” means an owner of a brand or trademark on the label of a consumer product which bears a private label. (B) A consumer product bears a private label if (i) the product (or its container) is labeled with the brand or trademark of a person other than a manufacturer of the product, (ii) the person with whose brand or trademark the product (or container) is labeled has authorized or caused the product to be so labeled, and (iii) the brand or trademark of a manufacturer of such product does not appear on such label. (13) Retailer
“retailer” applies throughout its chapter
The term “retailer” means a person to whom a consumer product is delivered or sold for purposes of sale or distribution by such person to a consumer. (14) Risk of injury
“risk of injury” applies throughout its chapter
The term “risk of injury” means a risk of death, personal injury, or serious or frequent illness. (15) State
“State” applies throughout its chapter
The term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, Wake Island, Midway Island, Kingman Reef, Johnston Island, the Canal Zone, American Samoa, or the Trust Territory of the Pacific Islands. (16) Third-party logistics provider
“third-party logistics provider” applies throughout its chapter
The term “third-party logistics provider” means a person who solely receives, holds, or otherwise transports a consumer product in the ordinary course of business but who does not take title to the product. (17) United States The term “United States”, when used in the geographic sense, means all of the States (as defined in paragraph (10)).
“to distribute in commerce” applies throughout its chapter
The terms “to distribute in commerce” and “distribution in commerce” mean to sell in commerce, to introduce or deliver for introduction into commerce, or to hold for sale or distribution after introduction into commerce. (8) Distributor
“Act” applies in that section
the term “Act” means the Consumer Product Safety Act [ 15 U.S.C. 2051 et seq.], the Flammable Fabrics Act [ 15 U.S.C. 1191 et seq.], the Poison Prevention Packaging Act [ 15 U.S.C. 1471 et seq.], and the Federal Hazardous Substances Act [ 15 U.S.C. 1261 et seq.]. (2) The provisions of this section shall apply whenever information is to be disclosed by the Commission, any member of the Commission, or any employee, agent, or representative of the Commission in an official capacity.
“harm” applies in that section
the term “harm” means— (1) injury, illness, or death; or (2) risk of injury, illness, or death, as determined by the Commission.
“crib” applies in that section
the term “crib” includes— (A) new and used cribs; (B) full-sized or nonfull-sized cribs; and (C) portable cribs and crib-pens. (d) Consumer registration requirement (1) Rulemaking Notwithstanding any provision of chapter 6 of title 5 or the Paperwork Reduction Act of 1980 ( 44 U.S.C.
“durable infant or toddler product” applies in that section
the term “durable infant or toddler product”— (1) means a durable product intended for use, or that may be reasonably expected to be used, by children under the age of 5 years; and (2) includes— (A) full-size cribs and nonfull-size cribs; (B) toddler beds; (C) high chairs, booster chairs, and hook-on chairs; (D) bath seats; (E) gates and other enclosures for confining a child; (F) play yards; (G) stationary activity centers; (H) infant carriers; (I) strollers; (J) walkers; (K) swings; and (L) bassinets and cradles.
“portable fuel container” applies in that section
the term “portable fuel container” means any container or vessel (including any spout, cap, and other closure mechanism or component of such container or vessel or any retrofit or aftermarket spout or component intended or reasonably anticipated to be for use with such container)— (A) intended for flammable liquid fuels with a flash point less than 140 degrees Fahrenheit, including gasoline, kerosene, diesel, ethanol, methanol, denatured alcohol, or biofuels; (B) that is a consumer product with a capacity of 5 gallons or less; and (C) that the manufacturer knows or reasonably should know is used by consumers for transporting, storing, and dispensing flammable liquid fuels.
“clothing storage unit” applies in that section
the term “clothing storage unit” means any free-standing furniture item manufactured in the United States or imported for use in the United States that is intended for the storage of clothing, typical of bedroom furniture. (b) CPSC determination of scope The Consumer Product Safety Commission shall specify the types of furniture items within the scope of subsection (a) as part of a standard promulgated under this section based on tip-over data as reasonably necessary to protect children up to 72 months of age from injury or death.
“butyl nitrite” applies in that section
The term “butyl nitrite” includes n-butyl nitrite, isobutyl nitrite, secondary butyl nitrite, tertiary butyl nitrite, and mixtures containing these chemicals.;
“commercial purpose” applies in that section
The term “commercial purpose” means any commercial purpose other than for the production of consumer products containing butyl nitrite that may be used for inhaling or otherwise introducing butyl nitrite into the human body for euphoric or physical effects. (d) Effective date This section shall take effect 90 days after November 18, 1988 .
“commercial purpose” applies in that section
the term “commercial purpose” means any commercial purpose other than for the production of consumer products containing volatile alkyl nitrites that may be used for inhaling or otherwise introducing volatile alkyl nitrites into the human body for euphoric or physical effects. (d) Effective date This section shall take effect 90 days after November 29, 1990 .
“child care article” applies in that section
The term “child care article” means a consumer product designed or intended by the manufacturer to facilitate sleep or the feeding of children age 3 and younger, or to help such children with sucking or teething.;
“children’s toy” applies in that section
The term “children’s toy” means a consumer product designed or intended by the manufacturer for a child 12 years of age or younger for use by the child when the child plays.;
“consumer product” applies in that section
The term “consumer product” has the meaning given such term in section 3(a)(1) of the Consumer Product Safety Act ( 15 U.S.C. 2052(a)(1) ). (2) Determination guidelines (A) Age In determining whether products described in paragraph (1) are designed or intended for use by a child of the ages specified, the following factors shall be considered: (i) A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable. (ii) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children of the ages specified.
“phthalate alternative” applies in that section
The term “phthalate alternative” means any common substitute to a phthalate, alternative material to a phthalate, or alternative plasticizer.;
“inclined sleeper for infants” applies in that section
the term “inclined sleeper for infants” means a product with an inclined sleep surface greater than ten degrees that is intended, marketed, or designed to provide sleeping accommodations for an infant up to 1 year old.
“crib bumper” applies in that section
the term “crib bumper”— (1) means any material that is intended to cover the sides of a crib to prevent injury to any crib occupant from impacts against the side of a crib or to prevent partial or complete access to any openings in the sides of a crib to prevent a crib occupant from getting any part of the body entrapped in any opening; (2) includes a padded crib bumper, a supported and unsupported vinyl bumper guard, and vertical crib slat covers; and (3) does not include a non-padded mesh crib liner.
“stockpiling” applies in that section
the term “stockpiling” means manufacturing or importing a product between the date of promulgation of such rule, regulation, standard, or ban and its effective date at a rate which is significantly greater (as determined under the rule under this paragraph) than the rate at which such product was produced or imported during a base period (prescribed in the rule under this paragraph) ending before the date of promulgation of the rule, regulation, standard, or ban. (h) Amendment or revocation of rule The Commission may by rule amend or revoke any consumer product safety rule.
“record” applies in that section
the term “record” means such consumer product safety rule; any notice or proposal published pursuant to section 2056, 2057, or 2058 of this title; the transcript required by section 2058(d)(2) of this title of any oral presentation; any written submission of interested parties; and any other information which the Commission considers relevant to such rule.
“imminently hazardous consumer product” applies throughout its chapter
the term “imminently hazardous consumer product” means a consumer product which presents imminent and unreasonable risk of death, serious illness, or severe personal injury. (b) Relief; product condemnation and seizure (1) The district court in which such action is filed shall have jurisdiction to declare such product an imminently hazardous consumer product, and (in the case of an action under subsection (a)(2) of this section) to grant (as ancillary to such declaration or in lieu thereof) such temporary or permanent relief as may be necessary to protect the public from such risk.
“children’s product safety rule” applies in that section
The term “children’s product safety rule” means a consumer product safety rule under this chapter or similar rule, regulation, standard, or ban under any other Act enforced by the Commission, including a rule declaring a consumer product to be a banned hazardous product or substance. (2) Third party conformity assessment body (A) In general
“covered product” applies in that section
the term “covered product” means a consumer product manufactured by a small batch manufacturer where no more than 7,500 units of the same product were manufactured in the previous calendar year; and;
“ordinary book” applies in that section
The term “ordinary book” means a book printed on paper or cardboard, printed with inks or toners, and bound and finished using a conventional method, and that is intended to be read or has educational value. Such term does not include books with inherent play value, books designed or intended for a child 3 years of age or younger, and does not include any toy or other article that is not a book that is sold or packaged with an ordinary book. (II) Ordinary paper-based printed materials
“ordinary paper-based printed materials” applies in that section
The term “ordinary paper-based printed materials” means materials printed on paper or cardboard, such as magazines, posters, greeting cards, and similar products, that are printed with inks or toners and bound and finished using a conventional method. (III) Exclusions Such terms do not include books or printed materials that contain components that are printed on material other than paper or cardboard or contain nonpaper-based components such as metal or plastic parts or accessories that are not part of the binding and finishing materials used in a conventional method.
“small batch manufacturer” applies in that section
the term “small batch manufacturer” means a manufacturer that had no more than $1,000,000 in total gross revenue from sales of all consumer products in the previous calendar year. The dollar amount contained in this paragraph shall be adjusted annually by the percentage increase in the Consumer Price Index for all urban consumers published by the Department of Labor.
“third party conformity assessment body” applies in that section
The term “third party conformity assessment body” means a conformity assessment body that, except as provided in subparagraph (D), is not owned, managed, or controlled by the manufacturer or private labeler of a product assessed by such conformity assessment body.
“substantial product hazard” applies in that section
the term “substantial product hazard” means— (1) a failure to comply with an applicable consumer product safety rule under this chapter or a similar rule, regulation, standard, or ban under any other Act enforced by the Commission which creates a substantial risk of injury to the public, or (2) a product defect which (because of the pattern of defect, the number of defective products distributed in commerce, the severity of the risk, or otherwise) creates a substantial risk of injury to the public.
“Consumer Price Index” applies in that section
The term “Consumer Price Index” means the Consumer Price Index for all-urban consumers published by the Department of Labor.;
“cost-of-living adjustment for the preceding five years” applies in that section
The term “cost-of-living adjustment for the preceding five years” means the percentage by which— (I) the Consumer Price Index for the month of June of the calendar year preceding the adjustment; exceeds (II) the Consumer Price Index for the month of June preceding the date on which the maximum authorized penalty was last adjusted.
“knowingly” applies in that section
the term “knowingly” means (1) the having of actual knowledge, or (2) the presumed having of knowledge deemed to be possessed by a reasonable man who acts in the circumstances, including knowledge obtainable upon the exercise of due care to ascertain the truth of representations.
“criminal violation” applies in that section
the term “criminal violation” means a violation of this chapter or any other Act enforced by the Commission for which the violator is sentenced to pay a fine, be imprisoned, or both.
“foreign government agency” applies in that section
the term “foreign government agency” means— (A) any agency or judicial authority of a foreign government, including a foreign state, a political subdivision of a foreign state, or a multinational organization constituted by and comprised of foreign states, that is vested with law enforcement or investigative authority in civil, criminal, or administrative matters; and (B) any multinational organization, to the extent that it is acting on behalf of an entity described in subparagraph (A).
“function” applies in that section
the term “function” includes power and duty, and (2) the transfer of a function, under any provision of law, of an agency or the head of a department shall also be a transfer of all functions under such law which are exercised by any office or officer of such agency, or department.
“low-speed electric bicycle” applies in that section
the term “low-speed electric bicycle” means a two- or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 mph. (c) Promulgation of requirements To further protect the safety of consumers who ride low-speed electric bicycles, the Commission may promulgate new or amended requirements applicable to such vehicles as necessary and appropriate.
“all-terrain vehicle” applies in that section
The term “all-terrain vehicle” or “ATV” means— (A) any motorized, off-highway vehicle designed to travel on 3 or 4 wheels, having a seat designed to be straddled by the operator and handlebars for steering control; but (B) does not include a prototype of a motorized, off-highway, all-terrain vehicle or other motorized, off-highway, all-terrain vehicle that is intended exclusively for research and development purposes unless the vehicle is offered for sale. (2) ATV action plan
“ATV” applies in that section
The term “all-terrain vehicle” or “ATV” means— (A) any motorized, off-highway vehicle designed to travel on 3 or 4 wheels, having a seat designed to be straddled by the operator and handlebars for steering control; but (B) does not include a prototype of a motorized, off-highway, all-terrain vehicle or other motorized, off-highway, all-terrain vehicle that is intended exclusively for research and development purposes unless the vehicle is offered for sale. (2) ATV action plan
“ATV action plan” applies in that section
The term “ATV action plan” means a written plan or letter of undertaking that describes actions the manufacturer or distributor agrees to take to promote ATV safety, including rider training, dissemination of safety information, age recommendations, other policies governing marketing and sale of the ATVs, the monitoring of such sales, and other safety related measures, and that is substantially similar to the plans described under the heading “The Undertakings of the Companies in the Commission Notice” published in the Federal Register on September 9, 1998 (63 FR 48199–48204).
“collectibles certification service” applies throughout its chapter
The term “collectibles certification service” means a person recognized by collectors for providing independent certification that collectible items are genuine.;
“commerce” applies throughout its chapter
The term “commerce” has the same meaning as such term has under the Federal Trade Commission Act [ 15 U.S.C. 41 et seq.].;
“Commission” applies throughout its chapter
The term “Commission” means the Federal Trade Commission.;
“imitation numismatic item” applies throughout its chapter
The term “imitation numismatic item” means an item which purports to be, but in fact is not, an original numismatic item or which is a reproduction, copy, or counterfeit of an original numismatic item.;
“imitation political item” applies throughout its chapter
The term “imitation political item” means an item which purports to be, but in fact is not, an original political item, or which is a reproduction, copy, or counterfeit of an original political item.;
“original numismatic item” applies throughout its chapter
The term “original numismatic item” means anything which has been a part of a coinage or issue which has been used in exchange or has been used to commemorate a person or event. Such term includes coins, tokens, paper money, and commemorative medals.;
“original political item” applies throughout its chapter
The term “original political item” means any political button, poster, literature, sticker, or any advertisement produced for use in any political cause.;
“Trademark Act of 1946” applies throughout its chapter
The term “Trademark Act of 1946” means the Act entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes”, approved July 5, 1946 ( 15 U.S.C. 1051 et seq.).
“United States” applies throughout its chapter
The term “United States” means the States, the District of Columbia, and the Commonwealth of Puerto Rico.;
“public safety officer” applies in that section
the term “public safety officer” means a person serving a public agency, with or without compensation, as— (1) a firefighter; (2) a law enforcement officer, including a corrections or court officer; or (3) a civil defense officer.
“arson” applies in that section
The term “arson” includes all incendiary and suspicious fires. (2) Office
“Office” applies in that section
The term “Office” means the Office of Fire Prevention and Arson Control of the United States Fire Administration. (b) Grants The Administrator, acting through the Office, shall carry out a demonstration program under which not more than 10 grant awards shall be made to States, or consortia of States, for programs relating to arson research, prevention, and control.
“emergency response personnel” applies in that section
the term “emergency response personnel” means personnel responsible for mitigation activities in a medical emergency, fire emergency, hazardous material emergency, or natural disaster.
“agency” applies in that section
the term “agency” has the meaning given to it under section 5701(1) of title 5 .
“automatic sprinkler system” applies in that section
The term “automatic sprinkler system” means an electronically supervised, integrated system of piping to which sprinklers are attached in a systematic pattern, and which, when activated by heat from a fire, will protect human lives by discharging water over the fire area, and by providing appropriate warning signals (to the extent such signals are required by Federal, State, or local laws or regulations) through the building’s fire alarm system.;
“governmental authority having jurisdiction” applies in that section
The term “governmental authority having jurisdiction” means the Federal, State, local, or other governmental entity with statutory or regulatory authority for the approval of fire safety systems, equipment, installations, or procedures within a specified locality.
“smoke detector” applies in that section
The term “smoke detector” means an alarm that is designed to respond to the presence of visible or invisible particles of combustion.;
“affordable cost” applies in that section
The term “affordable cost” means the cost to a Federal agency of leasing office space in a building that is protected by an automatic sprinkler system or equivalent level of safety, which cost is no more than 10 percent greater than the cost of leasing available comparable office space in a building that is not so protected.;
“automatic sprinkler system” applies in that section
The term “automatic sprinkler system” means an electronically supervised, integrated system of piping to which sprinklers are attached in a systematic pattern, and which, when activated by heat from a fire— (A) will protect human lives by discharging water over the fire area, in accordance with the National Fire Protection Association Standard 13, 13D, or 13R, whichever is appropriate for the type of building and occupancy being protected, or any successor standard thereto; and (B) includes an alarm signaling system with appropriate warning signals (to the extent such alarm systems and warning signals are required by Federal, State, or local laws or regulations) installed in accordance with …
“equivalent level of safety” applies in that section
The term “equivalent level of safety” means an alternative design or system (which may include automatic sprinkler systems), based upon fire protection engineering analysis, which achieves a level of safety equal to or greater than that provided by automatic sprinkler systems.;
“Federal employee office building” applies in that section
The term “Federal employee office building” means any office building in the United States, whether owned or leased by the Federal Government, that is regularly occupied by more than 25 full-time Federal employees in the course of their employment.;
“hazardous areas” applies in that section
The term “hazardous areas” means those areas in a building referred to as hazardous areas in National Fire Protection Association Standard 101, known as the Life Safety Code, or any successor standard thereto.;
“housing assistance” applies in that section
The term “housing assistance”— (A) means assistance provided by the Federal Government to be used in connection with the provision of housing, 1 that is provided in the form of a grant, contract, loan, loan guarantee, cooperative agreement, interest subsidy, insurance, or direct appropriation; and (B) does not include assistance provided by the Secretary of Veterans Affairs; the Federal Emergency Management Agency; the Secretary of Housing and Urban Development under the single family mortgage insurance programs under the National Housing Act [ 12 U.S.C. 1701 et seq.] or the homeownership assistance program under section 235 of such Act [ 12 U.S.C.
“multifamily property” applies in that section
The term “multifamily property” means— (A) in the case of housing for Federal employees or their dependents, a residential building consisting of more than 2 residential units that are under one roof; and (B) in any other case, a residential building consisting of more than 4 residential units that are under one roof.;
“newly constructed multifamily property” applies in that section
the term “newly constructed multifamily property” means a multifamily property of 4 or more stories above ground level— (I) that is newly constructed after October 26, 1992 ; and (II) for which (a) housing assistance is used for such new construction, or (b) a binding commitment is made, before commencement of such construction, to provide housing assistance for the newly constructed property. (iii) Clause (i) shall not apply to any multifamily property for which, before October 26, 1992 , a binding commitment is made to provide housing assistance for the new construction of the property or for the newly constructed property.
“prefire plan” applies in that section
The term “prefire plan” means specific plans for fire fighting activities at a property or location.;
“rebuilding” applies in that section
The term “rebuilding” means the repairing or reconstructing of portions of a multifamily property where the cost of the alterations is 70 percent or more of the replacement cost of the completed multifamily property, not including the value of the land on which the multifamily property is located.;
“rebuilt multifamily property” applies in that section
the term “rebuilt multifamily property” means a multifamily property of 4 or more stories above ground level— (I) that is rebuilt after the last day of the second fiscal year that ends after October 26, 1992 ; and (II) for which (a) housing assistance is used for such rebuilding, or (b) a binding commitment is made, before commencement of such rebuilding, to provide housing assistance for the rebuilt property. (C) After the expiration of the 180-day period beginning on October 26, 1992 , housing assistance may not be used in connection with any other dwelling unit, unless the unit is protected by a hard-wired or battery-operated smoke detector.
“renovated” applies in that section
The term “renovated” means the repairing or reconstructing of 50 percent or more of the current value of a Federal employee office building, not including the value of the land on which the Federal employee office building is located.;
“smoke detectors” applies in that section
The term “smoke detectors” means single or multiple station, self-contained alarm devices designed to respond to the presence of visible or invisible particles of combustion, installed in accordance with the National Fire Protection Association Standard 74 or any successor standard thereto.;
“United States” applies in that section
The term “United States” means the States collectively. (b) Federal employee office buildings (1) (A) No Federal funds may be used for the construction or purchase of a Federal employee office building of 6 or more stories unless during the period of occupancy by Federal employees the building is protected by an automatic sprinkler system or equivalent level of safety. No Federal funds may be used for the construction or purchase of any other Federal employee office building unless during the period of occupancy by Federal employees the hazardous areas of the building are protected by automatic sprinkler systems or an equivalent level of safety.
“Administrator of FEMA” applies in that section
The term “Administrator of FEMA” means the Administrator of FEMA, acting through the Administrator. (2) Available grant funds The term “available grant funds”, with respect to a fiscal year, means those funds appropriated pursuant to the authorization of appropriations in subsection (q)(1) for such fiscal year less any funds used for administrative costs pursuant to subsection (q)(2) in such fiscal year. (3) Career fire department
“career fire department” applies in that section
The term “career fire department” means a fire department that has an all-paid force of firefighting personnel other than paid-on-call firefighters. (4) Combination fire department
“combination fire department” applies in that section
The term “combination fire department” means a fire department that has— (A) paid firefighting personnel; and (B) volunteer firefighting personnel. (5) Firefighting personnel
“firefighting personnel” applies in that section
The term “firefighting personnel” means individuals, including volunteers, who are firefighters, officers of fire departments, or emergency medical service personnel of fire departments. (6) Institution of higher education
“institution of higher education” applies in that section
The term “institution of higher education” has the meaning given such term in section 1001 of title 20 . (7) Nonaffiliated EMS organization
“nonaffiliated EMS organization” applies in that section
The term “nonaffiliated EMS organization” means a public or private nonprofit emergency medical services organization that is not affiliated with a hospital and does not serve a geographic area in which the Administrator of FEMA finds that emergency medical services are adequately provided by a fire department. (8) Paid-on-call The term “paid-on-call” with respect to firefighting personnel means firefighting personnel who are paid a stipend for each event to which they respond. (9) Volunteer fire department
“volunteer fire department” applies in that section
The term “volunteer fire department” means a fire department that has an all-volunteer force of firefighting personnel. (b) Assistance program (1) Authority In accordance with this section, the Administrator of FEMA may award— (A) assistance to firefighters grants under subsection (c); and (B) fire prevention and safety grants and other assistance under subsection (d). (2) Administrative assistance The Administrator of FEMA shall— (A) establish specific criteria for the selection of grant recipients under this section; and (B) provide assistance with application preparation to applicants for such grants.
“Administrator of FEMA” applies in that section
The terms “Administrator of FEMA”, “career fire department”, “combination fire department”, and “volunteer fire department” have the meanings given such terms in section 2229(a) of this title . (j) Authorization of appropriations (1) In general There are authorized to be appropriated for the purposes of carrying out this section— (A) $1,000,000,000 for fiscal year 2004; (B) $1,030,000,000 for fiscal year 2005; (C) $1,061,000,000 for fiscal year 2006; (D) $1,093,000,000 for fiscal year 2007; (E) $1,126,000,000 for fiscal year 2008; (F) $1,159,000,000 for fiscal year 2009; (G) $1,194,000,000 for fiscal year 2010; and (H) $750,000,000 for each of fiscal years 2024 through 2028.
“career fire department” applies in that section
The terms “Administrator of FEMA”, “career fire department”, “combination fire department”, and “volunteer fire department” have the meanings given such terms in section 2229(a) of this title . (j) Authorization of appropriations (1) In general There are authorized to be appropriated for the purposes of carrying out this section— (A) $1,000,000,000 for fiscal year 2004; (B) $1,030,000,000 for fiscal year 2005; (C) $1,061,000,000 for fiscal year 2006; (D) $1,093,000,000 for fiscal year 2007; (E) $1,126,000,000 for fiscal year 2008; (F) $1,159,000,000 for fiscal year 2009; (G) $1,194,000,000 for fiscal year 2010; and (H) $750,000,000 for each of fiscal years 2024 through 2028.
“combination fire department” applies in that section
The terms “Administrator of FEMA”, “career fire department”, “combination fire department”, and “volunteer fire department” have the meanings given such terms in section 2229(a) of this title . (j) Authorization of appropriations (1) In general There are authorized to be appropriated for the purposes of carrying out this section— (A) $1,000,000,000 for fiscal year 2004; (B) $1,030,000,000 for fiscal year 2005; (C) $1,061,000,000 for fiscal year 2006; (D) $1,093,000,000 for fiscal year 2007; (E) $1,126,000,000 for fiscal year 2008; (F) $1,159,000,000 for fiscal year 2009; (G) $1,194,000,000 for fiscal year 2010; and (H) $750,000,000 for each of fiscal years 2024 through 2028.
“firefighter” applies in that section
The term “firefighter” has the meaning given the term “employee in fire protection activities” under section 203(y) of title 29 . 2;
“volunteer fire department” applies in that section
The terms “Administrator of FEMA”, “career fire department”, “combination fire department”, and “volunteer fire department” have the meanings given such terms in section 2229(a) of this title . (j) Authorization of appropriations (1) In general There are authorized to be appropriated for the purposes of carrying out this section— (A) $1,000,000,000 for fiscal year 2004; (B) $1,030,000,000 for fiscal year 2005; (C) $1,061,000,000 for fiscal year 2006; (D) $1,093,000,000 for fiscal year 2007; (E) $1,126,000,000 for fiscal year 2008; (F) $1,159,000,000 for fiscal year 2009; (G) $1,194,000,000 for fiscal year 2010; and (H) $750,000,000 for each of fiscal years 2024 through 2028.
“authorized technician” applies in that section
The term “authorized technician” means a technician who has been certified by the manufacturer of fire control or fire rescue equipment to inspect such equipment. The technician need not be employed by the State or local agency administering the distribution of the fire control or fire rescue equipment. (e) Effective date This section applies only to liability for injury, damage, loss, or death caused by equipment that, for purposes of subsection (a), is donated on or after the date that is 30 days after March 9, 2006 .
“fire control or fire rescue equipment” applies in that section
The term “fire control or fire rescue equipment” includes any fire vehicle, fire fighting tool, communications equipment, protective gear, fire hose, or breathing apparatus. (3) Qualified fire control or rescue equipment
“person” applies in that section
The term “person” includes any governmental or other entity. (2) Fire control or rescue equipment
“qualified fire control or rescue equipment” applies in that section
The term “qualified fire control or rescue equipment” means fire control or fire rescue equipment that has been recertified by an authorized technician as meeting the manufacturer’s specifications. (4) State
“State” applies in that section
The term “State” includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, any other territory or possession of the United States, and any political subdivision of any such State, territory, or possession. (5) Volunteer fire company
“volunteer fire company” applies in that section
The term “volunteer fire company” means an association of individuals who provide fire protection and other emergency services, where at least 30 percent of the individuals receive little or no compensation compared with an entry level full-time paid individual in that association or in the nearest such association with an entry level full-time paid individual. (6) Authorized technician
“commerce” applies throughout its chapter
The term “commerce” means trade, traffic, commerce, or transportation— (A) between a place in a State and any place outside thereof, or (B) which affects trade, traffic, commerce, or transportation described in subparagraph (A).;
“Commission” applies throughout its chapter
The term “Commission” means the Federal Trade Commission.;
“consumer” applies throughout its chapter
The term “consumer” means a buyer (other than for purposes of resale) of any consumer product, any person to whom such product is transferred during the duration of an implied or written warranty (or service contract) applicable to the product, and any other person who is entitled by the terms of such warranty (or service contract) or under applicable State law to enforce against the warrantor (or service contractor) the obligations of the warranty (or service contract).;
“consumer product” applies throughout its chapter
The term “consumer product” means any tangible personal property which is distributed in commerce and which is normally used for personal, family, or household purposes (including any such property intended to be attached to or installed in any real property without regard to whether it is so attached or installed).;
“distributed in commerce” applies throughout its chapter
The term “distributed in commerce” means sold in commerce, introduced or delivered for introduction into commerce, or held for sale or distribution after introduction into commerce.;
“implied warranty” applies throughout its chapter
The term “implied warranty” means an implied warranty arising under State law (as modified by sections 2308 and 2304(a) of this title) in connection with the sale by a supplier of a consumer product.;
“refund” applies throughout its chapter
The term “refund” means refunding the actual purchase price (less reasonable depreciation based on actual use where permitted by rules of the Commission).;
“remedy” applies throughout its chapter
The term “remedy” means whichever of the following actions the warrantor elects: (A) repair, (B) replacement, or (C) refund; except that the warrantor may not elect refund unless (i) the warrantor is unable to provide replacement and repair is not commercially practicable or cannot be timely made, or (ii) the consumer is willing to accept such refund.;
“replacement” applies throughout its chapter
The term “replacement” means furnishing a new consumer product which is identical or reasonably equivalent to the warranted consumer product.;
“service contract” applies throughout its chapter
The term “service contract” means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance or repair (or both) of a consumer product. (9) The term “reasonable and necessary maintenance” consists of those operations (A) which the consumer reasonably can be expected to perform or have performed and (B) which are necessary to keep any consumer product performing its intended function and operating at a reasonable level of performance.;
“State” applies throughout its chapter
The term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Canal Zone, or American Samoa.
“State law” applies throughout its chapter
The term “State law” includes a law of the United States applicable only to the District of Columbia or only to a territory or possession of the United States; and the term “Federal law” excludes any State law.
“supplier” applies throughout its chapter
The term “supplier” means any person engaged in the business of making a consumer product directly or indirectly available to consumers.;
“warrantor” applies throughout its chapter
The term “warrantor” means any supplier or other person who gives or offers to give a written warranty or who is or may be obligated under an implied warranty.;
“written warranty” applies throughout its chapter
The term “written warranty” means— (A) any written affirmation of fact or written promise made in connection with the sale of a consumer product by a supplier to a buyer which relates to the nature of the material or workmanship and affirms or promises that such material or workmanship is defect free or will meet a specified level of performance over a specified period of time, or (B) any undertaking in writing in connection with the sale by a supplier of a consumer product to refund, repair, replace, or take other remedial action with respect to such product in the event that such product fails to meet the specifications set forth in the undertaking, which written affirmation, promise, or …
“without charge” applies in that section
the term “without charge” means that the warrantor may not assess the consumer for any costs the warrantor or his representatives incur in connection with the required remedy of a warranted consumer product.
“deceptive warranty” applies in that section
the term “deceptive warranty” means (A) a written warranty which (i) contains an affirmation, promise, description, or representation which is either false or fraudulent, or which, in light of all of the circumstances, would mislead a reasonable individual exercising due care; or (ii) fails to contain information which is necessary in light of all of the circumstances, to make the warranty not misleading to a reasonable individual exercising due care; or (B) a written warranty created by the use of such terms as “guaranty” or “warranty”, if the terms and conditions of such warranty so limit its scope and application as to deceive a reasonable individual.
“Board” applies throughout its chapter
the term “Board” means the Board of Directors of the Center; (3) the terms “productivity growth” and “improved productivity” shall be interpreted to include, but not be limited to, improvements in technology, management techniques, and the quality of working life; and (4) the term “quality of working life” shall be interpreted to mean the conditions of work relating to the role of the worker in the production process.
“Center” applies throughout its chapter
the term “Center” means the National Center for Productivity and Quality of Working Life;
“qualified borrower” applies in that section
the term “qualified borrower” means any partnership, corporation, or other legal entity which (as determined by the Secretary of Energy) has presented satisfactory evidence of an interest in electric or hybrid vehicle technology and is capable of performing research or completing the development and production of electric or hybrid vehicles or any components thereof in an acceptable manner.
“Administrator” applies throughout its chapter
term “Administrator” means the Administrator of the Environmental Protection Agency. (2) (A) Except as provided in subparagraph (B),
“chemical substance” applies throughout its chapter
the term “chemical substance” means any organic or inorganic substance of a particular molecular identity, including— (i) any combination of such substances occurring in whole or in part as a result of a chemical reaction or occurring in nature, and (ii) any element or uncombined radical. (B) Such term does not include— (i) any mixture, (ii) any pesticide (as defined in the Federal Insecticide, Fungicide, and Rodenticide Act [ 7 U.S.C.
“commerce” applies throughout its chapter
The term “commerce” means trade, traffic, transportation, or other commerce (A) between a place in a State and any place outside of such State, or (B) which affects trade, traffic, transportation, or commerce described in clause (A).;
“conditions of use” applies throughout its chapter
The term “conditions of use” means the circumstances, as determined by the Administrator, under which a chemical substance is intended, known, or reasonably foreseen to be manufactured, processed, distributed in commerce, used, or disposed of.
“environment” applies throughout its chapter
The term “environment” includes water, air, and land and the interrelationship which exists among and between water, air, and land and all living things.;
“guidance” applies throughout its chapter
The term “guidance” means any significant written guidance of general applicability prepared by the Administrator.;
“health and safety study” applies throughout its chapter
The term “health and safety study” means any study of any effect of a chemical substance or mixture on health or the environment or on both, including underlying information and epidemiological studies, studies of occupational exposure to a chemical substance or mixture, toxicological, clinical, and ecological studies of a chemical substance or mixture, and any test performed pursuant to this chapter.;
“manufacture” applies throughout its chapter
The term “manufacture” means to import into the customs territory of the United States (as defined in general note 2 of the Harmonized Tariff Schedule of the United States), produce, or manufacture.;
“mixture” applies throughout its chapter
The term “mixture” means any combination of two or more chemical substances if the combination does not occur in nature and is not, in whole or in part, the result of a chemical reaction; except that such term does include any combination which occurs, in whole or in part, as a result of a chemical reaction if none of the chemical substances comprising the combination is a new chemical substance and if the combination could have been manufactured for commercial purposes without a chemical reaction at the time the chemical substances comprising the combination were combined.;
“new chemical substance” applies throughout its chapter
The term “new chemical substance” means any chemical substance which is not included in the chemical substance list compiled and published under section 2607(b) of this title .;
“potentially exposed or susceptible subpopulation” applies throughout its chapter
The term “potentially exposed or susceptible subpopulation” means a group of individuals within the general population identified by the Administrator who, due to either greater susceptibility or greater exposure, may be at greater risk than the general population of adverse health effects from exposure to a chemical substance or mixture, such as infants, children, pregnant women, workers, or the elderly.;
“process” applies throughout its chapter
The term “process” means the preparation of a chemical substance or mixture, after its manufacture, for distribution in commerce— (A) in the same form or physical state as, or in a different form or physical state from, that in which it was received by the person so preparing such substance or mixture, or (B) as part of an article containing the chemical substance or mixture.;
“processor” applies throughout its chapter
The term “processor” means any person who processes a chemical substance or mixture.;
“protocols and methodologies for the development of information” applies throughout its chapter
The term “protocols and methodologies for the development of information” means a prescription of— (A) the— (i) health and environmental effects, and (ii) information relating to toxicity, persistence, and other characteristics which affect health and the environment, for which information for a chemical substance or mixture are to be developed and any analysis that is to be performed on such information, and (B) to the extent necessary to assure that information respecting such effects and characteristics are reliable and adequate— (i) the manner in which such information are 2 to be developed, (ii) the specification of any test protocol or methodology to be employed in the development of …
“State” applies throughout its chapter
The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Canal Zone, American Samoa, the Northern Mariana Islands, or any other territory or possession of the United States. (17) The term “United States”, when used in the geographic sense, means all of the States.
“applicable review period” applies in that section
the term “applicable review period” means the period starting on the date the Administrator receives a notice under subsection (a)(1) and ending 90 days after that date, or on such date as is provided for in subsection (b)(1) or (c).
“manufacture” applies in that section
the terms “manufacture” and “process” mean manufacturing or processing for commercial purposes. (2) For purposes of this chapter, the term “requirement” as used in this section shall not displace any statutory or common law. (3) For purposes of this section,
“process” applies in that section
the terms “manufacture” and “process” mean manufacturing or processing for commercial purposes. (2) For purposes of this chapter, the term “requirement” as used in this section shall not displace any statutory or common law. (3) For purposes of this section,
“complex consumer goods” applies in that section
the term “complex consumer goods” means electronic or mechanical devices composed of multiple manufactured components, with an intended useful life of 3 or more years, where the product is typically not consumed, destroyed, or discarded after a single use, and the components of which would be impracticable to redesign or replace; and;
“complex durable goods” applies in that section
the term “complex durable goods” means manufactured goods composed of 100 or more manufactured components, with an intended useful life of 5 or more years, where the product is typically not consumed, destroyed, or discarded after a single use.
“totally enclosed manner” applies in that section
the term “totally enclosed manner” means any manner which will ensure that any exposure of human beings or the environment to a polychlorinated biphenyl will be insignificant as determined by the Administrator by rule. (3) (A) Except as provided in subparagraphs (B) and (C)— (i) no person may manufacture any polychlorinated biphenyl after two years after January 1, 1977 , and (ii) no person may process or distribute in commerce any polychlorinated biphenyl after two and one-half years after such date.
“imminently hazardous chemical substance or mixture” applies in that section
the term “imminently hazardous chemical substance or mixture” means a chemical substance or mixture which presents an imminent and unreasonable risk of serious or widespread injury to health or the environment, without consideration of costs or other nonrisk factors. Such a risk to health or the environment shall be considered imminent if it is shown that the manufacture, processing, distribution in commerce, use, or disposal of the chemical substance or mixture, or that any combination of such activities, is likely to result in such injury to health or the environment before a final rule under section 2605 of this title can protect against such risk.
“manufacture” applies in that section
the terms “manufacture” and “process” mean manufacture or process for commercial purposes.
“mercury” applies in that section
the term “mercury” means— (i) elemental mercury; and (ii) a mercury compound. (B) Publication .— Not later than April 1, 2017 , and every 3 years thereafter, the Administrator shall carry out and publish in the Federal Register an inventory of mercury supply, use, and trade in the United States. (C) Process .— In carrying out the inventory under subparagraph (B), the Administrator shall— (i) identify any manufacturing processes or products that intentionally add mercury; and (ii) recommend actions, including proposed revisions of Federal law or regulations, to achieve further reductions in mercury use.
“process” applies in that section
the terms “manufacture” and “process” mean manufacture or process for commercial purposes.
“category of chemical substances” applies throughout its chapter
The term “category of chemical substances” means a group of chemical substances the members of which are similar in molecular structure, in physical, chemical, or biological properties, in use, or in mode of entrance into the human body or into the environment, or the members of which are in some other way suitable for classification as such for purposes of this chapter, except that such term does not mean a group of chemical substances which are grouped together solely on the basis of their being new chemical substances.;
“category of mixtures” applies throughout its chapter
The term “category of mixtures” means a group of mixtures the members of which are similar in molecular structure, in physical, chemical, or biological properties, in use, or in the mode of entrance into the human body or into the environment, or the members of which are in some other way suitable for classification as such for purposes of this chapter.
“accredited asbestos contractor” applies throughout its subchapter
The term “accredited asbestos contractor” means a person accredited pursuant to the provisions of section 2646 of this title . (2) Administrator
“Administrator” applies throughout its subchapter
The term “Administrator” means the Administrator of the Environmental Protection Agency. (3) Asbestos
“asbestos” applies throughout its subchapter
The term “asbestos” means asbestiform varieties of— (A) chrysotile (serpentine), (B) crocidolite (riebeckite), (C) amosite (cummingtonite-grunerite), (D) anthophyllite, (E) tremolite, or (F) actinolite. (4) Asbestos-containing material